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HomeMy WebLinkAbout08-4972r Si~pulations Against Liens File Number 08-27895C CHARTER HOMES AT HARRISBURG, INC., A PENNSYLVANIA CORPORT/ON Owner CHARTER HOMES BUILDING COMPANY, A PENNSYLVANIA CORPORATION Contractor In the Court of Common Pleas County of Cumberland Docket Number 4~ - yy ~a Page Number Pennsylvania ~LU Term 19 Whereas, on this 12th day of August, 2008, CHARTER HOMES AT HARRISBURG, INC. ('Contractor") of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601 has entered into a contract with CHARTER HOMES BUILDING COMPANY ("Owner") of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601 for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 49 BELLA VISTA DRIVE, LOT 2, BELLA VISTA, MECHANICSBURG, PA 17050, ,Silver Spring Township, Cumberland, PENNSYLVANIA described in Exhibit "A" hereof, of which CHARTER HOMES BUILDING COMPANY is the title holder of record; and Whereas, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected or to be erected thereon shall be subject to a lien for debts due Owner to Contractor or by Contractor to any subcontractor for labor or materials fumished in the said erection or construction, and that the right of anyone to claim any such lien be waived hereby. Now, This Agreement Witnesseth: That Contractor, for and in consideration of the contract aforesaid and the considerations mentioned thereunder, as well as the further consideration of One Dollar ($1.00) to it in hand ,paid by the Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, and intending to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all subcontractors, materialmen, laborers and parties acting for, through or under Contractor, that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the building, improvements, lot of ground or any part hereof, or the curtilage or curtilages appurtenant thereto by anyone, and that all subcontractors, materialmen and laborers shall look to and hold Contractor personally liable for all subcontracts, materials fumished and work and labor done. And this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall operate and be effective with respect to work done and materials fumished under any supplemental contract for extra work in the erection, construction and completion of the building as well as to any work and labor done and materials fumished under the contract aforesaid. And, in order to give the Owner full power and authority to protect Owner and the building, improvements and lot of ground, against any and all claims filed by Contractor or anyone acting under or through Contractor in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as attorney for Contractor and in Contractor's name, mark satisfied of record at the cost and expense of the Contractor, or of any subcontractor or materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor or materialman, or in the name of any one or more of them against the building, improvements, lot of ground or any part thereof, and, for such act or acts, this shall be good and sufficient warrant and authority, and a reference to the Court, Term and Number in which this instrument shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor does hereby remise, release, and quit claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction of in anywise touching or concerning the same. Witness our hand and seal the day and year aforesaid. Signed and sealed in the presence of: CHARTER HOME HARRISBURG, INC., Owner BY: R e Ice-President CHARTER HO S BUILDING COMPANY, Contractor By. -- _ C. ice-President DARTMOUTH STIP-RATHSAM.DOC ~. Fi~e~lo. 08-27895CDFN ALL THAT CERTAIN lot or tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern right of way line of Bella Vista Drive at the southwest comer of Lot No. 1; thence along said right of way line, South fifty-two degrees twenty-eight minutes ten seconds West (S 52° 28' 10" W), eighty-six and ninety-four hundredths (86.94) feet to a point; thence along the same by curve to the right, said curve having a chord bearing and distance of South fifty-six degrees forty-one minutes sixteen seconds West (S 56° 41' 16" W), forty and forty- six hundredths (40.46) feet, a radius of two hundred seventy-five and zero hundredths (275.00) feet and an arc distance of forty and forty-nine hundredths (40.49) feet to a point being the southeast corner of Lot No. 3; thence along Lot No. 3, North twenty-five degrees thirteen minutes fifty-one seconds West (N 25° 13' S1" W), one hundred eighty-four and eight hundredths (184.08) feet to a point at lands now or formerly of Susquehanna Conferences of the Brethren in Christ Church, Deed Book 241, Page 459; thence along said lands, North sixty-four degrees forty-six minutes nine seconds East (N 64° 46' 09" E), one hundred twenty-five and zero hundredths (125.00) feet to a point being the northwest corner of Lot No. 1; thence along Lot No. 1, South twenty-five degrees thirteen minutes fifty-one seconds East (S 25° 13' 51" E), one hundred fifty-nine and eighty-seven hundredths (159.87) feet to a point, being the place of BEGINNING. BEING Lot No. 2 on a Final Subdivision Plan for Bella Vista prepared by R. J. Fisher & Associates, Inc. DARTMOUTH STIP-RATHSAM.DOC ~ c - a ~ ~ ~ ~ z:,~ ~ `~,~ r ' ~. ~ ~ * .~: ~~ r. ~~ ~J ~ J~~/ l-~N ~; C..,~~ ~ ~ L~ \ ~ ~~. ~ ~ ~ ~.+~V f~